265: Resolution on the human rights situation in the Republic of South Sudan

The African
Commission on Human and Peoples’ Rights (the Commission), at its 15th
Extra-Ordinary Session held from 7 – 14 March 2014 in Banjul, The Gambia:

Recalling its mandate to
promote and protect human and peoples’ rights pursuant to the African Charter
on Human and Peoples’ Rights (the African Charter);

Further recalling that one of the objectives of the African
Union, as stipulated in Article 3(f) of
its Constitutive Act, is to promote peace, security, and stability in the
continent;

Taking cognisance of Article 23 of the African Charter which also
provides for the right of all peoples’ to national and international peace and
security;

Bearing in mind
that South Sudan is a Member State of the African Union and signatory to the
African Charter;

Commending the
efforts made by the African Union to promote dialogue among the various parties
towards achieving peace, security and political stability in the Republic of
South Sudan;

Concerned about recent developments in South Sudan, which have massive implications
on regional peace, security and stability;

Further concerned about the humanitarian consequences of the situation in South Sudan;

Alarmed with reports of serious and massive human rights violations,
including the extra-judicial killing of civilians and captured soldiers,
massive displacements and arbitrary detentions, mostly on ethnic grounds;

Bearing in mind the attacks against the civilian population, and the discovery of mass
graves in some parts of the country;

Denouncing the acts of warring factions against innocent civilians, contrary to basic
regional and international human rights standards;

Welcoming the decision of the African Union Peace and Security Council to
establish a Commission of Inquiry to investigate human rights violations and
other abuses committed during the armed conflict in South Sudan and make
recommendations on the best ways and means to ensure accountability and reconciliation
among all South Sudanese communities;

Stressing the need for South Sudan to cooperate with the African Union Commission
of Inquiry to identify perpetrators of the atrocities and hold them
accountable, in line with the African Union’s firm commitment to fight impunity;

Noting the significance of effective redress for victims of human rights
violations, not only at the domestic level, but also the regional and
international level to end impunity;

Concerned by South Sudan’s delay in ratifying and thereafter domesticating the
African Charter as well as other fundamental human rights instruments, which provide
avenues of redress for victims of human rights violations;

The Commission:

Strongly condemns the attacks on the civilian population perpetrated by the parties to
the conflict;

Requests the
Government of South Sudan to ensure the full protection of the civilian
population;

Calls on all parties
to immediately halt the violence, peacefully resolve their differences and
follow through on peace agreements;

Calls on the
Government of South Sudan to ensure that perpetrators of the human rights
violations are held accountable for their actions;

Urges the
Government of South Sudan to cooperate with the African Union Commission of
Inquiry; and

Calls on the
Government of South Sudan to immediately ratify and domesticate the African
Charter and other fundamental human rights instruments.